2017-10 The Benjamin School CPUD ModificationORDINANCE NO. 2017-10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE BENJAMIN SCHOOL
COMMERCIAL PLANNED UNIT DEVELOPMENT TO ADD A TWO-
STORY SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS
("STEM") BUILDING TO ITS EXISTING CAMPUS AND TO MODIFY THE
PREVIOUSLY APPROVED COMMENCEMENT CONDITION FOR THE
MAINTENANCE FACILITY AND CHANGE ITS CONFIGURATION;
PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2013-06 ("PUD Ordinance") on March 28, 2013,
the Village Council created The Benjamin School Planned Unit Development on 14.8 acres of
real property described in Exhibit "A" attached hereto and incorporated herein ("Property") and
provided for the development of the Property in accordance with the plans, specifications, waivers
and conditions referenced therein; and
WHEREAS, Section 6(F) of the PUD Ordinance required Planning Commission approval of the
elevations and floor plans for a proposed Maintenance Facility and required the that a building
permit be obtained and construction commenced within two (2) years of Council's adoption of
the PUD Ordinance; and
WHEREAS, Urban Design Kilday Studios, agent, on behalf of The Benjamin Private School, Inc.
("Applicant") has filed an application for a major amendment to the existing Commercial
Planned Unit Development to: (1) reinstate the prior approval of the proposed Maintenance Facility
and change its configuration; and (2) add a two-story 13,171 square foot Science, Technology,
Engineering and Mathematics Building to the existing campus; and
WHEREAS, the Village Council determines that approval of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby approves an amendment to The Benjamin School PUD
to reinstate the approval of the Maintenance Facility and change its configuration and to add a
two-story 13,171 square foot Science, Technology, Engineering and Mathematics ("STEM") Building
to the existing campus.
Section 3. The Applicant shall develop and operate The Benjamin School PUD in accordance
with the plans approved through the adoption of Ordinance No. 2013-06, as modified by the most
recent version of the following plans on file with the Village's Community Development Department:
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A. Site Plan (STEM Building) prepared by Urban Design Kilday Studios dated June 1, 2010
and last revised for submittal to the Village on June 8, 2017 consisting of one page (SP -1).
B. Conceptual Landscape Plan (STEM Building) prepared by Urban Design Kilday Studios
dated June 1, 2010 and last revised for submittal to the Village on May 18, 2017
consisting of one page (LA -1).
C. Landscape Plan (North Lot/Future Maintenance Facility) prepared by Urban Design
Kilday Studios dated June 7, 2017 consisting of three pages (LP -1 to LP -3).
D. Conceptual Engineering Plan (STEM Building) prepared by Keshavarz & Associates
dated April 7, 2017 and consisting of one page (COI).
E. Conceptual Water, Sewer, Paving and Drainage Plan (Maintenance Facility) prepared by
Keshavarz & Associated dated June 9, 2017 and consisting of one page (COI).
F. Lighting Plan prepared by Harvard Jolly Architects dated March 14, 2017 and consisting
of one page (AS 1.0).
G. Architectural Plans (STEM Building) prepared by Harvard Jolly Architects dated
March 14, 2017 and consisting of two pages (Al.1 to A1.2).
H. Architectural Elevations (STEM Building) prepared by Harvard Jolly Architects dated
March 14, 2017 and consisting of two pages (A3.01 to A3.02).
Section 4. The Village Council's approval of this Amendment to The Benjamin School PUD
is subject to the following additional conditions:
A. Construction of the project in accordance with the approved plans and specifications shall
be subject to the following time limitations:
(1) Applicant shall commence construction of the STEM classroom building within
twenty-four (24) months from the effective date of this Ordinance, with the ability
to request an administrative extension of no more than six (6) months if there is
evidence that the development is progressing. Commencement of construction
shall be defined as receipt of a validly issued building permit and the initiation of
site improvements other than land clearing, land filling and soil compaction. An
updated traffic concurrency letter with a modified buildout date must be
submitted to the Community Development Department if commencement begins
after October 2017.
(2) Applicant shall complete construction of the STEM classroom building within
thirty-six (36) months from the effective date of this Ordinance, with the ability to
request an administrative extension of no more than (6) months if there is evidence
that the development is progressing. Completion of construction shall be defined as
the issuance of a Final Certificate of Occupancy for the building. A Final Certificate
of Occupancy for the building shall not be issued for the STEM building until the
landscaping has been installed in accordance with Conceptual Landscape Plan for
the STEM Building (LA -1) and the Landscape Plan for the North Lot/Maintenance
Facility (LPI to LP3).
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(3) Applicant shall commence construction of the Maintenance Facility within forty-two
(42) months from the effective date of this Ordinance, with the ability to request an
administrative extension of no more than six (6) months if there is evidence that the
development is progressing. Commencement of construction shall be defined as
receipt of a validly issued building or infrastructure permit and the initiation of site
improvements other than land clearing, land filling and soil compaction. An updated
traffic concurrency letter with a modified buildout date must be submitted to the
Community Development Department if commencement begins after October 2017
to reflect the commencement date.
(4) Applicant shall complete construction of the Maintenance Facility within fifty-four
(54) months from the effective date of this Ordinance, with the ability to request
an administrative extension of no more than (6) months if there is evidence that
the development is progressing. Completion of construction shall be defined as
the issuance of a Final Certificate of Occupancy for the building.
(5) If the Applicant fails to meet the time limitations set forth herein, this Ordinance
shall be automatically repealed by the Village Council and the Village may
initiate the removal of the approval relating to the affected areas of the site plan.
B. The Maintenance Building shall require the issuance of a Certificate of Appropriateness
by the Planning Commission for the building fagade, signage, landscaping and general
appearance items. The height of the Maintenance Facility shall be limited to thirty (30) feet.
C. Prior to the Village's issuance of any permits, the Applicant shall submit an updated
Life Safety Plan, which shall comply with all applicable fire safety regulations.
D. Prior to any special events on the Property, the Applicant shall be required to submit a
parking plan with off-site parking, if required, with its special event application.
E. The Applicant must obtain approvals and/or permits from the Village and all applicable
authorities prior to any road closures or right-of-way improvements.
F. Separate site improvement permits and applications shall be required for: (1) paving,
grading, drainage, water and sewer improvements; (2) site lighting; (3) landscaping; and
(4) irrigation.
G. Prior to the issuance of Certificates of Occupancy for the STEM classroom building and
the Maintenance Facility, all roof top and ground mounted mechanical equipment shall
be screened from view with materials approved by the Village.
H. In the event Village or other public facilities are damaged during the construction
process, Applicant shall, prior to the issuance of a Certificate of Occupancy or
Certificate of Completion, as applicable, repair or replace such facilities so that they are
in at least as good a condition as existed prior to construction.
In granting this approval, the Village Council relied upon the oral and written
representations of the Applicant both on the record and as part of this application process.
Any deviation from such representations shall be considered a violation of this Ordinance.
Page 3 of 8
Section 5. A violation of any of the requirements or conditions of this Ordinance shall be
enforced in the same manner as a violation of a Code provision or ordinance in accordance with
Article IV of Chapter 2 of the Village Code of Ordinances.
Section 6. Each of the conditions and requirements of this Ordinance shall be binding upon
the Applicant and its successors in interest or assigns and shall be deemed covenants running
with the land.
Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 8. All ordinances, resolutions or prior development permits or approvals relating to
the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of
such conflict. To the extent not expressly modified herein, the remaining provisions of
Ordinance No. 2013-06 shall remain in full force and effect.
Section 9. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 13TH DAY OF JULY, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS 27TH DAY OF JULY, 2017.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
A
VILLAGE ATTORNEY
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PCN:
68-43-42-04-10-008-0030
LEGAL DESCRIPTION:
A portion of Lot 3 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South,
Range 43 East, Palm Beach County, Florida, according to the plat thereof, as recorded in Plat Book 18,
Page 4, Public Records of Palm Beach County, Florida, more particularly described as follows:
COMMENCING at the point of intersection of the North Right of Way line of McLaren Road and the
East Right of Way line of Ellison Wilson Road, said point being the Southwest corner of said Lot 3, run
thence North 3° 04' 10" West along the East Right of Way line of Ellison Wilson Road, a distance of
153.66 feet to the POINT OF BEGINNING of the herein described parcel; thence continue North 03' 04' 10"
West along said Right of Way, a distance of 150.23 feet to the Northwest corner of said Lot 3; thence
South 89° 54'55" East along the North line of Lot 3, a distance of 120.06 feet; thence South, a distance of
150.00 feet; thence North 89° 54'55" West, a distance of 112.01 feet to the POINT OF BEGINNING.
TOGETHER WITH:
The East 120 feet of the West 620 feet of the South 125 feet of Lot 6, GOVERNMENT LOT 8
SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 18, Page 4, Public Records of
Palm Beach County, Florida.
TOGETHER WITH:
The North 125 feet of the East 300 feet of the West 500 feet of Lot 6, GOVERNMENT LOT 8
SUBDIVISION according to the Plat thereof, as recorded in Plat Book 18, Page 4, Public Records of
Palm Beach County, Florida.
TOGETHER WITH:
That part of Lot 6, according to the PLAT OF SUBDIVISION OF GOVERNMENT LOT 8, Section 4,
Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach
County, Florida, more particularly described as follows:
Begin at the Southwest corner of Lot 6, of said Subdivision, run Northerly along the Easterly Right of
Way line of Ellison Wilson Road, a distance of 125 feet; thence Easterly and parallel to the South line of
Lot 6, a distance of 200 feet; thence continue South, a distance of 125 feet to the South line of said Lot 6;
thence continue Westerly along the South line of Lot 6, a distance of 200 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Being a tract of land of Lots 3 and 4 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4,
Township 42 South, Range 43 East: Palm Beach County, Florida, as recorded in Plat Book 18, Page 4,
Public Records of Palm Beach County, Florida and more particularly described as follows:
BEGINNING at the Southeast corner Lot 3; thence Westerly along the South line of said Lot 3 a
distance of 210.00 feet; thence Northerly parallel with the East line of said Lot 3 to a point 150.00 feet
South of the North line of said Lot 3; thence Westerly parallel with said North line a distance of 157.33 feet to
a point 218.24 feet Easterly of the West line of said Lot 3 as measured along a line 150 feet South of and
parallel with the North line of said Lot 3; thence Southerly parallel with the East line of said Lot 3 to a
point in the South line of said Lot 3; thence Westerly along the South line of said Lot 3 a distance of
210.00 feet to the Southwest corner of said Lot 3; thence Northerly along the West line of said Lot 3 a
distance of 153.66 feet to a point 150.00 feet South of, as measured at right angles to the North line of
said Lot 3; thence Easterly parallel with and 150.00 feet South of, as measured at right angles to the North
line of said Lot 3 a distance of 112.01 feet; thence Northerly parallel with the East line of said Lot 3 a
distance of 150.00 feet to the North line of said Lot 3; thence Easterly along the North line of said Lot 3 a
distance of 473.56 feet to the Northeast corner of said Lot 3; thence continue Easterly along the North line of
said Lot 4 a distance of 100.00 feet; thence Southerly parallel with the West line of said Lot 4 a distance
of 130.00 feet; thence Westerly parallel with the North line of said Lot 4 a distance of 100.00 feet to a point in
the West line of said Lot 4, said West line of Lot 4 is common with the East line of Lot 3; thence Southerly
along the East line of said Lot 3 to the Southeast corner of said Lot 3 and the POINT OF BEGINNING.
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The above described property may also be described as follows:
Being a tract of land in Lots 3 and 4 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4,
Township 42 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 18, Page 4,
Public Records of Palm Beach County, Florida, consisting of the following described parcels:
Parcel A: Being all of said Lot 3 LESS the East 367.33 feet and LESS the North 150.00 feet thereof.
Parcel B: Being the East 210.00 feet of said Lot 3.
Parcel C: Being the West 263.56 feet of the East 473.56 feet of the North 150.00 feet of said Lot 3.
Parcel D: Being the North 130.00 feet of the West 100.00 feet of said Lot 4.
TOGETHER WITH:
The West 300.00 feet of the East 420.00 feet of the West 620.00 feet (as measured along the North and
South boundaries thereof) of Lot 6, PLAT OF SUBDIVISION OF GOVERMENT LOT 8, Section 4,
Township 42 South, Range 43 East, Palm Beach County, Florida, according to the plat thereof recorded
in Plat Book 18, Page 4 of the Public Records of Palm Beach County, Florida, LESS and EXCEPTING
the North 175.00 feet (as measured at right angles to the North boundary thereof).
TOGETHER WITH:
A parcel of land in GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, Palm Beach
County, Florida; and being more particularly described as follows, to wit:
From the Southeast corner of Lot 3 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4,
Township 42 South, Range 43 East, as same is recorded in Plat Book 18, Page 4 of the Public Records of
Palm Beach County, Florida, run West with the South line of Lot 3 for a distance of 210.00 feet to the
POINT OF BEGINNING of the parcel of land herein described; thence continue West for a distance of
132.33 feet to a point; thence North and parallel to the East line of said Lot 3, for a distance of 153.03 feet
to a point in the South line of Van Munster; thence East and parallel to the North line of said Lot 3, for a
distance of 132.33 feet to a point; thence South and parallel to the East line of said Lot 3 for a distance of
152.84 feet to the POINT OF BEGINNING.
TOGETHER WITH:
BEGINNING at a point in the South line of said Lot 3, 210 feet from the Southwest corner of said Lot 3,
running East along said South line a distance of 25 feet; thence North and parallel to the East line of said
Lot 3, to a point 150 feet from the North line of said Lot 3, thence West and parallel to the North line of
said Lot 3, a distance of 25 feet, thence South and parallel to the East lot line of said Lot 3, a distance of
152.53 feet to a POINT OF BEGINNING.
Parcel Two (PCN: 68-43-42-04-10-008-0045):
The South 172.53 feet of the West 100 feet and the South 112.33 feet of the East 50.16 feet of the West
150.16 feet of that certain parcel of land shown as "Lot 4 -Not Included" on the Plat of SUBDIVSION OF
GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, recorded in Plat Book 18, Page 4
of the Public Records of Palm Beach County, Florida.
Parcel Three (PCN: 68-43-42-04-18-001-0000):
All of the PLAT OF NORTH PALM BEACH PRIVATE SCHOOL, according to the Plat thereof on file
in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat
Book 30, Book 204; Less those portions dedicated to Board of County Commissioners for Right of Way purposes.
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Parcel Four (PCN: 68-43-42-04-10-008-0050):
From the Northeast corner of Lot 5 according to the Plat of subdivision of Government, Lot 8, Section 4,
Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, in and for the records of Palm
Beach County, Florida; thence Westerly along the North line of said Lot 5 a distance of 9.84 more or less
feet to the Westerly right-of-way line of U.S. Highway No. 1 and the point of beginning of the herein
described parcels; thence continue along the North line of said Government Lot 5 a distance of 240.28
feet to a point; thence run Southerly at right angles to the North line of said Lot 5, a distance of 74.91
feet to a point; thence run Easterly parallel with the North line of said Lot 5, a distance of 273.6 feet to a
point in the Westerly right-of-way line of said U.S. Highway No. 1; thence run Northwesterly along said
Westerly right-of-way line a distance of 82 feet to the point of beginning of the herein described parcel.
TOGETHER WITH:
From the Northeast comer of Lot 5, according the Plat of subdivision of Government Lot 8, Section 4,
Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, in and for the records of Palm
Beach County, Florida; thence run Southeasterly 52347'30"E along the Westerly right-of-way line of
Highway No. 1, a distance of 82.00 feet to the point of beginning; thence continue Southeasterly along
said Westerly right-of-way line, a distance of 200.04 feet to a point; thence North 89° 54' 40" W a
distance of 273.41 feet to a point; thence North 23° 47' 30" W a distance of 200.63 feet to a point; thence
run S89° 47' 58" E a distance of 273.64 feet more or less to a point in the Westerly right-of-way line of
U.S. Highway No. 1, and the point of beginning of the above described parcel.
Parcel Five (PCN: 68-43-42-04-10-008-0066):
The South 125 feet (measured at right angles to the South boundary thereof) of Lot 6, Plat of Subdivision
of Government Lot 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, according to
the plat there of recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, less the
West 620 feet (measured along the North and South boundaries thereof), less that portion conveyed to
Palm Beach County by Deed recorded in Deed Book 1150, at page 32.
Parcel Six (PCN: 68-43-42-04-10-008-0069):
A parcel of land being a portion of Lot 6, of the Plat of Subdivision of Government Lot 8, Section 4,
Township 42 South, Range 43 East, Palm Beach County, Florida, according to the Plat thereof, as
recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, and being more
particularly described as follows:
The Northerly 125 feet (measured at right angles to North boundary thereof) of the Easterly 142.27 feet of
the westerly 620 feet (measured along North and South boundaries).
Together with a portion of the right-of-way for Carolinda Drive (50 feet in width and 142.47 feet in length)
located along the southern boundary of the parcel.
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